good afternoon we'll just give a brief moment to make sure that folks have CED the waiting room and have connected to audio so that they can hear us  okay where good afternoon this is administrative hearing before the Mayor's Office of Consumer Affairs and Licensing today is Thursday April 4th 2024 this hearing is being conducted pursuant to certain temporary amendments to the open meeting law that is what allows us to meet virtually this hearing is being recorded and will be posted to the city of Boston's website we are joined today by the executive director of the Mayor's Office of Consumer Affairs and Licensing Kathleen Joyce and director of operations Rebecca Fu I will read into the record today's agenda item I will ask who is present on behalf of the applicant he'll make a brief presentation regarding your proposal followed by questions by the entertainment Division and testimony beginning with elected officials or their representatives for members of the public wishing to testify please limit your testimony to two minutes and please state your name address and affiliation if any the only item on this afternoon's agenda is Bartaco Fenway LLC doing business as Baco located at 1321 to 1341 Boon Street the application before the entertainment division is to add background music through speakers on the outdoor patio until 11: PM daily who's present on behalf of the applicant good afternoon attorney green Madame director and um Rebecca Dennis quilty attorney representing the applicant with us this afternoon is Kelsey Nas If I'm pronouncing it correctly um for on behalf of Bartaco the manager of record uh is existing manager of record is McKenna Smith who was unable to to be here today Kelsey is the operations person who knows all about the application uh and in terms of what it is uh clearly stated in the application it's simply to uh allow outdoor music on the existing outdoor patio till 11: p.m. um excuse me we had an abutters meeting of very long time ago almost a year actually a year ago uh with regard to the initial application for the restaurant licensing etc etc you know um at that point you know the outdoor patio came up I don't believe it's it was a year ago I don't believe there was any I don't think anyone was present at it um we are certainly aware that the Fenway Civic has a uh standard position against any outdoor music um and uh we just want to suggest that this would be simply an amenity to the existing space it'll be conversational level it is a closing you know closing at 11m for any outdoor music um and again I mean we we don't think it's anything out of the ordinary um and you know we've um would certain will certainly you know cooperate and work with any neighboring of Butters um we simply think a blanket you know restriction of this nature the blanket restriction that the Fenway Civic would propose is I mean a little a little drastic I would think for uh 2024 given you know the activity presently in that neighborhood Fenway Park obviously but the many many restaurants uh and you know alcohol Service locations etc etc many of with many of which have outdoor patios uh again we're just asking for a reasonable use of the space uh and if there are modifications that the um U that the director would um um require we'd be certainly happy to comply with any of those and I think other than that Kelsey is there anything to add um you're muted just on there you go no nope nothing else to add uh other than the speaker the speakers are inward facing towards the building not out towards the street not if that makes a huge difference I just wanted to make a note of that thank you and the the director may have some questions for us so just stand by uh thank you how many speakers are we talking about I believe there are two outside I think it's two I'm almost positive it's two the the area is I think it's like what 225 square feet yeah it's small there eight tables out there and I believe just two speakers okay currently if that would if that would be a requirement we would limit it the two speakers okay yeah I'd like to see where are they're going to be and how many you plan on having um and then is this a seasonal patio yes uh the tables and chairs will be set they're set right now um however we're not seeing anybody outside just because it's very cold but the season are Norm as the commissioner knows April through October okay they could be in use but they're not presently so is this patio on private property yes ma'am all right I have a note here that looks like you obtained the wrong approvals for sidewalk patio that you got approval for public I was on an email with Andrew through the city this morning uh there was we had when we set the Planters just to kind of block our seating in they were a couple inches past what was agreed upon in the lease agreement with the landlord but we have since setting them adjusted them and we got Andrew from the city over over all of the approved plans and seating this morning okay all documentation he needed and does your landlord in the lease expressly allow um outdoor music I I am not we I'd have to look at the lease I'm not not certain certainly call for the use of the patio um I don't I'm not sure how specific it gets on that kind of a detail we can look at look into it I believe I believe it does because I remember we had this conversation about the speakers facing towards the sidewalk or inward towards the building um so I know that we have our it and development team did have this conversation with the landlord um Kel see can you provide a if it's not specifically pointed out can you provide a letter from the landlord allowing the use if if the city allows it sure that would be great yep and then um what kind of a a Butters is it residential and Commercial it's it's both I think they're um I'm trying to think I I think most of the residential are on the other side of of Boon from us okay but it is as as you know that entire stretch now is a lot of commercial space on the lower levels and and Residences and businesses on the upper levels but I believe in this particular location most of the residents is are across the street um and farther up the street from this location what what is the capacity of the O patio oh hold on um sorry just had it I have the floor plan I'm just trying to say here um come on Elie you know total of count them SE 16 there's a total of 20 seats outside eight 10 12 so we've received some complaints about the music inside um so what else besides turning the speakers towards the building will you guys do to make sure that music is only heard by patrons and it doesn't emanate beyond your space if there are complaint like we definitely want to adhere to the noise ordinances and make sure that our neighbors are not annoyed so if there are noise complaints have those do you know if those have been directed towards the restaurant directly yes okay okay I will make a point to call our regional director after this and just make sure that we are abiding by the decel level for the the complaints I'm sorry was it Rebecca did you suggest they from inside yeah inside I think it might be during one timers with DJs perhaps yeah all right we can take that offline after the hearing yeah okay uh let me see so I am going to turn it over to Rebecca we do so we do want the floor plan with the live entertainment areas marked on it we have it okay we do so Rebecca why don't you um if there's anything I've missed excuse me oh um no I think you asked everything that needed to be asked thank you okay any further questions director Jo for director Fu nothing for me okay are there any individuals who would like to testify on this matter yes Madam chair at this time the mayor's s like to deferred to your judgment um the abutter being did occur um understands from speaking with our pre previously is on for this area that there were no con concerns raised in that particular Butters meeting uh that being said as the applicant representation has said the Fenway civic association is is fiercely opposed uh to any type of amplification of Music um outside of premises um it's you know there's a lot of restaurants in this area and I think they worry about setting a precedent with one uh and potentially leading to uh you know noise issues uh for the new residential units that have been installed for this area uh with that we'll defer to the the board at this time thank you thank you Conor Madam director can I just ask a question I'm I'm I'm as I sit here unfamiliar are there are there no patios in the Fenway area that have outdoor music I don't know I have to I don't think they do I'm not gonna tattletail on anybody but the restaurant across the street from us plays music outside yeah if they do they might not have permission from us so right I'm sorry actually can you just um submit the site plan just marking where the speakers are located um y yeah thank you else do you have that I've got one here do you have one that you can just Mark and send over uh yeah I have I can get a copy after this call okay yep great yeah it sounds like the two pieces that we are asking for today are that site plan with the location to speakers included and a letter from the landlord just expressing permission for the outside amplification of sound if it's not already in the lease which uh I just took a quick look I don't believe it is okay and again director if there are mitigating uh factors that you would uh require you know I'm sure within reason the applicant would be willing to comply with any any reasonable um you know restrictions that you impose thank you appreciate that I have no other questions thank you with no other individuals wishing to testify um that is the only item before the entertainment division this afternoon I just ask should the uh documentation be sent to Rebecca or to yourself to the moal email moal mocal boston.gov that will go to everybody here Ela you got that mocal boston.gov okay all right we'll have that done right away thank you the entertainment division will take this matter under advisement and the executive director will issue a written decision thank you all that will thank lot thank you bye guys